People v. Daley

Defendant was convicted of speeding. (Ill. Rev. Stat. 1975, ch. 95/2, par. 11 — 601(b), (e).) 1 ****He appeals contending that there was a fatal variance between the complaint and the evidence, and that in addition the judgment of guilty was against the manifest weight of the evidence.

The Illinois citation and complaint which was issued charged the defendant with speeding 62 miles per hour in a 50-mile-per-hour zone at “Rt. 71 S. Bnd. at Hughs [sic] Rd.”

The bystander’s record states as pertinent:

“Sheriff Alsup testified that on May 26,1975 at approximately 5:15 a.m. he was on regular patrol.…